Former owners of Mansfield Ambulance sued

ONTARIO – The Massillon company that acquired Mansfield Ambulance Co. nearly a year ago is suing the former owners of that local business.

The lawsuit alleges Thomas and Samantha Durbin took advantage of inside information they had on American to expand another business they own, reneging on an agreement not to compete and raiding from American EMS' customer base.

American EMS LLC of Massillon filed the lawsuit in Richland County Common Pleas Court Aug. 20. Named as defendants were the Durbins; another company they own, The Life Support Team Inc; and as yet unnamed John Does.

A hearing is scheduled for Sept. 4 before Judge Brent Robinson on American EMS' motion for a temporary restraining order barring Life Support from competing with it.

Thomas Durbin could not be reached for comment.

American EMS operates a fleet of life support ambulances and wheelchair vans in Richland, Knox, Ashland, Wayne, Licking, Summit, Stark and Holmes counties, making emergency and non-emergency runs.

The Durbins formed Mansfield Ambulance Inc. in 1996. They operated the company in Richland, Knox and Ashland counties until last year.

The lawsuit claims the couple sold the company to American in September 2013, for more than $1.7 million.

As an additional part of the deal, American said, Thomas Durbin was hired as American's vice president/western regional manager, at an annual salary of $150,000 plus other benefits; issued 24,000 Class A membership units in America; and made a member of American's board of managers.

American claims the Durbins signed papers promising not to compete with American in its eight-county region for five years, starting Sept. 12, 2013.

The lawsuit alleges that after the sale, Thomas Durbin expanded The Life Support Team Inc., purchasing equipment and encouraging American employees to come and work for him.

The company was created in 2001 to provide CPR instruction and to engage in transport work.

The lawsuit claims The Life Support Team has sought out American's customers since March, and provided ambulance services to American customers since June.

According to American EMS, The Life Support Team has provided services to MedCentral facilities in both Mansfield and Shelby; to the Richland Kidney Center; Mansfield Urologist; Oak Grove Manor; Gallion (cq) Pointe Nursing Home; Mill Creek Nursing Center; Conrad House; Signa Care Hearing Center; the Walter and Brookwalter medical building; and various nursing homes in Ashland County.

The lawsuit also contends that The Life Support Team actively solicited the City of Shelby to obtain the emergency services contract for its fire department (which American currently holds), and tried to obtain a license to provide ambulance service in the City of Mansfield.

"After accepting cash payments in excess of $1.7 million, and while accepting a salary (annualized at $150,000) and other benefits from American EMS, the Durbins almost immediately commenced a scheme to steal back the ambulance business that they sold," American said in an initial court filings. "Just after the Durbins sold their stock in Mansfield Ambulance Inc. to American EMS, it became actively involved in providing ambulance services," it said.

According to American, as a result of the defendants' encouragement, about 19 employees quit between March and July, "many without notice," and accepted employment with Life Support.

The Durbins solicited 18 workers, according to court filings. The lawsuit claims some former workers took employee files, customer files and electronic equipment belonging to the company.

American EMS has asked for a restraining order barring Life Support Team from competing with it; punitive damages and recovery of attorney fees.

American also has asked the court to order The Life Support Team to provide an accounting of its profits, and create a trust that would allow profits determined to be in violation of the non-competition agreement to be returned to the company.

Thomas Durbin's name is listed on incorporation papers for The Life Support Team, and remained listed as its agent as of July 2014 on the Ohio Secretary of State's webstie.

The home address listed for the Durbins on the recent lawsuit was 1191 Wittmer Road, in Springfield Township. However, that property was sold July 31 to another family for $432,000, according to county auditor's records.